Custer Con. Mines Co. v. City of Helena
Montana Supreme Court
Appeal from District Court, Broadwater County, Fourteenth Judicial District; Boy E. Ayers, Judge of the Tenth District, presiding. Action by tbe Custer Consolidated Mines Company against the City of Helena, in which the Spokane Ranch & Water Company intervened. Judgment for plaintiff and defendant and intervener appeal.
1Opinion of the CourtJustice Sanner
The subject matter of this suit is the right of the respondent to the use and enjoyment of 50 inches of the waters of Beaver creek, Broadwater county, this state, as of date October 1, 1865. It was found and decreed by the district court that the respondent has such right subject to certain prior rights of the appellant city of Helena, but superior to certain other rights of said city to such waters. The question presented upon, this appeal is whether the record justifies this award to the respondent.
The respondent asserts as the basis of its claim that it is now, and for many years last past…
2Cases cited17 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Smith v. DenniffMontana Supreme Court · 1900
- Tucker v. JonesMontana Supreme Court · 1888
- Smith v. DuffMontana Supreme Court · 1909
- Page v. . WaringNew York Court of Appeals · 1879
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3Cited by18 opinions
- State Ex Rel. Knez v. SeattleWashington Supreme Court · 1934
- Verwolf v. Low Line Irrigation Co.Montana Supreme Court · 1924
- Grimsley v. Estate of SpencerMontana Supreme Court · 1983
- Rhodes v. City of TacomaWashington Supreme Court · 1917
- Cook v. HudsonMontana Supreme Court · 1940
13 more not listed; retrieve them via the Exa API.